STATE OF HIMACHAL PRADESH Vs. KAMALJEET CHANDEL

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 19.11.2003 passed by learned Chief Judicial Magistrate, Chamba, in Criminal Case No. 123-I/03/97 acquitting the respondents with liberty to the prosecution to get proceedings concluded under Section 299 Cr.P.C. against Mela Ram accused declared proclaimed offender or may file supplementary challan against accused Mela Ram.

(2.) THE prosecution case , in brief, is that challan for offences punishable under Sections 32, 33 of Indian Forest Act, 1927 read with Sections 379, 201 IPC was filed on the allegations that in the year 1994 a large number of `Kail' and `Deodar' trees were felled from reserved forest known as `Shoul' C-II PB-I in connivance with forest officials and timber of the trees had either been appropriated by some villagers or hidden at some places to cause loss to the State. On receipt of this information, the matter was got investigated.

(3.) THE respondents were summoned. THE accused Nos. 1 to 4 were charged under Sections 32, 33 of the Indian Forest Act read with Sections 34 IPC, Sections 379, 201, 120-B read with Section 34 IPC. THE charge under Sections 32, 33 of Indian Forest Act read with Section 34 IPC and Section 379 read with Section 34 IPC was framed against accused Nos. 5 to 24, 26 to 39. THE accused pleaded not guilty and claimed trial.